Accidents Involving Heavy Machinery in San Antonio TX Workplaces

Operating heavy machinery in San Antonio requires training to ensure safety for the operator and people nearby. Large equipment often has safety protocols, which operators must adhere to if they leave the equipment unattended, and employers must put safety procedures in place to ensure nobody gets hurt. When heavy equipment injures a person, a work accident lawyer can help them to get compensation for their losses.

At Carabin Shaw, our team has decades of experience representing clients in work injury cases, and we offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal costs. Call our toll-free number at 800-862-1260 to schedule a free consultation. English- AND Spanish-speaking staff are available to answer your call.

Unguarded heavy equipment is a danger contributing to the leading causes of fatalities on construction sites. The Occupational Safety and Health Administration (OSHA) recommends that heavy equipment operators have one or more methods of safety for guarding heavy machinery when it is left unattended. This is to avoid heavy machinery workplace accidents caused by untrained individuals misusing equipment or equipment failure that increases the hazardous nature of the device.

The types of accidents that can occur when workers do not use heavy equipment safely include:

• Falls from the machinery platform
• Caught in or between accidents from rolling or moving machinery
• Struck-by injuries caused by unsecured machinery
• Electrocution
• Crushed fingers or limbs
• Lacerations
• Amputation

Your lawyer will help you to calculate your damages and present your case. Heavy machinery accidents can cause significant damages, and holding employers accountable deters future negligence that could increase the incidence of heavy equipment accidents.

Establishing liability in a San Antonio workplace accident is often quite simple because the employer is vicariously liable for employees who suffer injuries from workplace equipment. However, equipment failure, insurance companies, and the gross negligence of other employees can expand the pool of liable parties and make liability more complex.

Texas is a comparative liability state, and one or more individuals can be liable for the same accident. This includes the plaintiff, who will not receive compensation if they are over 50% at fault. A workplace injury lawyer in San Antonio, Texas can help you to prove that you are not at fault for your injuries, or you can argue that your fault is at or below 50%. In the latter case, the court would reduce compensation by an amount proportionate to your fault.

You can only hire an attorney to sue your employer after a workplace injury if the employer doesn’t subscribe to workers’ compensation insurance. Family members of a deceased employee can sue an insured employer if gross negligence was the cause of death. Suing your employer can result in compensation for the following damages:

• Economic (medical bills, lost income, repair costs)
• Noneconomic (pain and suffering, emotional anguish, loss of consortium)

A judge may offer additional punitive damages in cases of gross negligence.

In a worker’s compensation claim, employees typically only receive benefits for monetary losses. This includes:

• Income benefits
• Medical benefits
• Death benefits

When there are long-term injuries, these benefits may be ongoing. Hiring Texas work accident attorneys for your workers’ compensation case can increase your compensation and help workers dispute insufficient benefits. Having a legal team by your side ensures that you can argue through effective channels when necessary, and it can prevent the insurance company from denying your case.

Hiring a lawyer maximizes your injury compensation regardless of whether you file a workers’ comp claim or a personal injury lawsuit. The San Antonio personal injury attorneys at Carabin Shaw look forward to meeting you and discussing your case. Please read our client reviews and learn about our previous clients’ experiences. Then call our office to begin your legal journey to justice.

For more information:

• Texas TDI
• OSHA
• CDC